SUPPORT / TERMS
Four Sigmatic Terms & Conditions
Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Four Sigma Foods, Inc. ('Four Sigma', 'we', 'us' or 'our'), which includes Four Sigma’s affiliated companies, now or in the future (collectively and individually, the'Site') are governed by these terms and conditions (the 'Terms and Conditions'). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.
If you have placed an order, and then decide that you would like to add to that order, please e-mail us immediately at firstname.lastname@example.org. If a packing slip has not been created for the order, we will happily add to the order. If a packing slip has already been created, we will not be able to add to the original order.
If you are unhappy with your purchase for any reason, please contact us at email@example.com. We have a money-back guarantee, and we are happy to issue a refund if you are not satisfied with your purchase. *Please note that the money-back guarantee is valid up to 120 days after your purchase. If the purchase is past 120 days, online credit can be issued.
U.S. orders are shipped from the U.S. through either USPS, FEDEX, UPS or DHL, and the estimated delivery time is 5 working days from the date the order is processed.
We are not responsible for lost or stolen packages. We will help as much as possible in the event your package goes missing, but ultimately lost packages are the fault of the shipping provider and we cannot assume the responsibility of replacing or refunding missing packages.
Canadian orders are shipped from U.S. through USPS, and typically get handed to Canada Post, and the estimated delivery time is 10 business days from your purchase date.
We are not responsible for packages that go missing internationally. We will help as much as possible in the event your package goes missing, but ultimately lost packages are the fault of the shipping provider and we cannot assume the responsibility of replacing or refunding missing packages.
The customer is responsible for providing all shipping information. Please make sure that your shipping information is correct and complete before submitting your order.
Four Sigma is not responsible for shipments that are delayed or returned as a result of incorrect or incomplete shipping information, failed delivery attempts, and/or unclaimed packages.
If you have unintentionally entered incorrect shipping information, please immediately contact Customer Support at firstname.lastname@example.org. We cannot guarantee that it will be possible to update the information before your package ships out, but we will do our best to change the information in the system.
If your package ships out with an incorrect address on it, and the package is lost, we are not responsible for shipping a new package to you.
If your package ships out with an incorrect address on it, but the package eventually is returned to our warehouse by the shipping provider, it is your responsibility to pay for the reshipment costs on the package; alternatively, we can refund the cost of the order minus the shipping fee.
Please enter the precise shipping address. If, for example, you enter both a street address and a PO box number, we will need to contact you to confirm which place the package should be sent to. Your order will remain on hold until we confirm the shipping address. If we cannot get in touch with you within 3 days of when you placed your order, the order will be canceled.
Support e-mails will not be answered on the weekends. We will do our best to contact you as soon as possible once we receive your request for support.
Currently, no package is insured above and beyond the automatic insurance offered by certain carriers. If the delivery carrier doesn't deliver your package or claims to have made the delivery but you have not received it, we will do our best to help you locate the package by opening an investigation with the carrier.
We are NOT the delivery carrier and, therefore, are not responsible for undelivered packages. We are unable to reship a package that is not received, as it is the responsibility of the delivery carrier to ensure that the package reaches you.
It is the customer's responsibility to read the shipping options before purchase to be informed about which carrier services offer automatic insurance and what the terms of that insurance are.
Four Sigma is not responsible for paying fees or rates charged by customs. It is the customer's responsibility to pay customs fees and rates.
If you refuse to accept your package at customs due to high customs fees, we are not responsible for refunding that order or reshipping the order via another carrier. The package will be abandoned at customs. If you want a refund on your order, you are responsible for paying the customs fee to ship the package back to us. As such, once the package is received back at our warehouse, you will be credited for the cost of your order minus the original shipping charge and minus the customs charge to send the package back to us (if you haven't paid it yet).
Four Sigma is not responsible for reshipping orders that are refused at customs. If customs refuses a package, sends it back to us, and we receive it back from customs, we can issue you a refund for the order only if we receive the package back and if the contents are in sellable condition.
In the event the package is not returned to us by customs or is lost in transit, we cannot issue you a refund. We are not responsible for paying for the package to be returned to us or for reimbursing the customer for that cost.
International orders/shipments may be subject to the possible opening of packages and inspection of goods by customs officials in the country of delivery. Four Sigma is not responsible for orders that are held up at customs, damaged by customs, or refused entrance by customs due to this process.
NOTE: Possible custom and duty charges will occur especially for Canadian.
Orders are processed within 1–3 business days of receipt from our warehouse, and orders will ship out once processed. Therefore, delivery-time quotes begin when the package leaves the warehouse after the 1–3 business days of processing are completed.
During sales and promotional periods, orders may take an additional 1–3 days to process.
Orders placed after 14 p.m. PST Monday through Thursday will begin processing the following day.
Orders placed after 10 p.m. PST Friday and on the weekend will begin processing starting on the following Monday, unless Monday is a major holiday, at which point orders will begin processing on Tuesday.
We do our best to maintain our 'in stock' status on all items. In the event that an item goes on backorder after you have placed your order, and your entire order cannot be fulfilled, we will contact you via e-mail. You will be given the option to 1) receive a refund for the backordered item, 2) substitute another item for the backordered item, or 3) place the entire order on hold until the backordered product comes back into stock. If you do not reply to our e-mail, your entire order will remain on backorder hold status until the out-of-stock item comes back into stock, at which point your order will ship out in its entirety.
When starting a Four Sigma Membership, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is a) cancelled or b) paused. To be eligible for 20% Membership discount you will agree to with minimum 3 shipments. If cancelling before 3 shipments Four Sigma can invoice the discount. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely. Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration. If you are unhappy with your purchase for any reason, please contact us at email@example.com. We are happy to help find a solution that works for you!
The products on this site are for individual use ONLY, and may not be resold or redistributed. Four Sigma reserves the right to refuse service to anyone, at any time and for any reason, without notice.
Products that are purchased from this website, with or without a discount code, shall not be resold without first asking Four Sigma for permission. If you want to resell one or more of Four Sigma products, then please contact us by e-mail at firstname.lastname@example.org.
In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Four Sigma and its affiliated entities.
You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Four Sigma, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Four Sigma through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of 'spam.' You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you provide to us any ideas, proposals, suggestions or other materials ('Feedback'), whether related to the Site or otherwise, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Four Sigma under any fiduciary or other obligation.
The Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as Proposition 65, is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposures to such chemicals. One such chemical is acrylamide, which may be present in coffee, including the coffee sold by Four Sigma. Acrylamide is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact. Your personal cancer risk is affected by a wide variety of factors. For more information on acrylamide, please consult the FDA’s website at fda.gov. For more information about both acrylamide and Proposition 65, please visit www.oehha.ca.gov/prop65.html.
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at the Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. Four Sigma may accept or reject your offer, and your offer is not accepted by Four Sigma until Four Sigma ships your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Four Sigma makes no guarantee that information on the Site is error-free, complete or current. Four Sigma reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, Four Sigma may decline your offer or Four Sigma may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Four Sigma or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Four Sigma or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
You may access, copy, download or print the content of our Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Four Sigma or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Four Sigma’ sole discretion. Four Sigma neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
We may discontinue all or part of the Site at any time, in our sole discretion. Four Sigma may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Four Sigma, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Four Sigma or others. To ensure that we provide a high quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Please note that Four Sigma does not endorse any of the products or services identified on such sites.
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
The content of our Site and namely but not exclusively the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the exclusive property of and owned by Four Sigma or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in “Use of the Site” set forth below, nothing contained on our Site shall be interpreted or construed as granting you a license or a right to use any such content of our Site.
All of the content made available through the Site, including, but not limited to, all text and images (“Content”), and all software used to make the Site available are and shall remain the property of Four Sigma and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Four Sigma may permit you to download and view one (1) copy of selected Content on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted Four Sigma to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Four Sigma, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services, all or any part of the Site, or any Content made available through the Site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Four Sigma or others. Your use of any Content, except as provided in these Terms and Conditions, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Four Sigma, whether registered or unregistered, may not be used in connection with any product or service that is not Four Sigma’s. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Four Sigma' trade names, trademarks or service marks without our express prior written consent. Four Sigma will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Four Sigma. However, even if such third parties are affiliated with Four Sigma, Four Sigma has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Four Sigma. Four Sigma is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.
Your use of the site is at your own risk and you assume the risk of and all damages or loss from the use of, or inability to use, the site. Without prejudice to these terms and conditions, any and all material, information and all other content on the site are furnished to you “as is” and without guaranty of any sort, express or implied. To the maximum extent permitted by law, Four Sigma expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
Four Sigma does not guarantee that the site or its content will correspond to your expectations, meet your requirements or will not be interrupted, timely, secure or free of error. your sole and exclusive remedy for any dissatisfaction with the site is to refrain from using the site.
Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
Any advice or information, be it oral or written, obtained from four sigma or during the use of services made available on the site, shall not give rise to any guarantees which are not expressly provided for in these terms and conditions.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Four Sigma a written notice by mail, e-mail or fax, requesting that Four Sigma remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Four Sigma a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
You recognize and accept that, to the fullest extent permitted by applicable law, in no event shall four sigma, its affiliates or subsidiaries or any of their respective employees, officers, directors, owners, licensors, agents or any other third parties mentioned on the site or involved in creating, producing or delivering the site, be held liable for any damages of any kind, including, but not limited to, direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by four sigma), capable of arising from your access to, or use of, or inability to use, the site or its content.
All materials which are downloaded or obtained by any other manner during the use of our site are at your own risk and peril. four sigma assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from the site or for any illegal intrusion or intervention in the it systems.
Four Sigma reserves the right to interrupt or discontinue any or all of the functionality of its site. four sigma accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the site resulting from actions or omissions of four sigma or any third party.
You agree to defend, indemnify and hold harmless Four Sigma and its directors, officers, employees, consultants, representatives, and agents from and against any and all claims, losses, liability, damages, costs and/or expenses (including reasonable attorney fees and costs) arising from and related to: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms and Conditions.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting Four Sigma products, services, and company. These Terms and Conditions shall be construed in accordance with the laws of Delaware, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of [Los Angeles County, California.] By using the Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Four Sigma or any of Four Sigma vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and Conditions and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Four Sigma or its vendors or licensors.
These Terms and Conditions embody the entire agreement concluded between Four Sigma and yourself concerning the access and the use of the Site and its content. Any other terms or conditions issued by Four Sigma and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms and Conditions; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms and Conditions.
The fact that Four Sigma tolerates a violation by yourself of one of the obligations set out in the Terms and Conditions, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
In the event that any provision of the Terms and Conditions is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms and Conditions maintaining full force and effect between yourself and Four Sigma.
The headings of the provisions of the Terms and Conditions are for convenience alone and shall not alter or modify the terms and conditions in any manner.
The Terms and Conditions shall remain effective until terminated as outlined herein. You agree that Four Sigma in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Four Sigmatic and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Espoo, before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Four Sigmatic’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
1450 2nd St, Suite 210
Santa Monica, CA 90401
LAST MODIFIED: MAY 7TH, 2018